HD 


OC-HRislE, 


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'P're.s'ielent    Wheeled 


'A  'N  'asiiDjuAy 

-SOJJI    pJOI^Bf) 


Industrial  Commission 
of  Colorado 


THE  UNITED  MINE  WORKERS 
OF  AMERICA,  DISTRICT  NO. 
15,  EMPLOYES  OF  THE  COLO- 
RADO FUEL  AND  IRON  COM- 
PANY, 


vs. 


THE  COLORADO  FUEL  AND  IRON 
COMPANY. 


Findings 

and 

Award 


^>- 


.^  I 


w 


FROM   THE   PRESIDENT'S    OFFICE 
TO  THE  UNIVERSITY  LIBRARY 


Industrial  Commission 
of  Colorado 


THE  UNITED  MINE  WORKERS 
OF  AMERICA,  DISTRICT  NO. 
15,  EMPLOYES  OF  THE  COLO- 
RADO FUEL  AND  IRON  COM- 
PANY, 


vs. 


THE  COLORADO  FUEL  AND  IRON 
COMPANY. 


Findings 

and 

Award 


This  controversy  arose  out  of  a  demand  of  the 
United  Mine  Workers  of  America,  District  No.  15, 
representing  employes  of  The  Colorado  Fuel  &  Iron 
Company,  for  the  adjustment  of  certain  grievances, 
which  the  employes  claimed  to  have,  against  said  com- 
pany. 

The  United  Mine  Workers  of  America,  District 
No.  15,  by  their  President,  Mr.  Jas.  F.  Moran,  gave 
notice  under  date  of  June  29,  1917,  as  follows: 


369772 


*Tueblo,  Colorado,  June  29, 1917. 

Messrs.  Hiram  Hilts  and  Geo.  Densmore, 
Members  of  Industrial  CJommission, 
Denver,  Colorado, 

Dear  Sirs : 

In  accordance  with  the  Colorado  State 
Law,  I  hereby  give  you  the  required  thirty 
days'  notice  that  on  August  1st,  the  United 
Mine  Workers  of  America  will  abandon  all 
mines  in  the  State  of  Colorado  operated  by  the 
Colorado  Fuel  &  Iron  Company,  unless  the 
present  grievances  can  be  adjusted  before  that 
time. 

Respectfully  submitted, 

Jas.  F.  Moran, 
Pres.  Dist.  #  15  U.  M.  W.  of  A." 

The  Industrial  Commission  requested  Mr.  Moran 
to  advise  the  Commission  as  to  the  nature  of  the  griev- 
ances to  be  adjusted,  and  to  furnish  the  Commission  a 
copy  of  the  demands  made  on  The  Colorado  Fuel  & 
Iron  Company.  Under  date  of  July  3rd,  Mr.  Moran 
wrote  that  the  grievances  would  be  tabulated  in  a  few 
days  and  when  complete,  he  would  forward  the  Com- 
mission a  copy.  Having  heard  nothing  from  Mr.  Moran, 
the  Commission  on  July  16th  wrote  again  requesting 
a  list  of  the  grievances  and  a  copy  of  the  demands. 
This  letter  Mr.  Moran  answered  on  July  17th,  stating 
that  the  representatives  of  the  mine  workers  had  ar- 
ranged to  meet  the  officials  of  The  Colorado  Fuel  & 
Iron  Company  and  the  Industrial  Commission  on  July 
26th,  at  which  time  the  mine  workers  would  present  all 
grievances.     On  July  26  Mr.  Moran  and  Mr.  John 


McLennan  representing  the  mine  workers  and  Mr.  Wel- 
born  and  Mr.  Hicks  representing  The  Colorado  Fuel  & 
Iron  Company  appeared  at  the  Capitol  Building  in 
Denver,  the  place  appointed  by  the  Commission  for  the 
conference  on  that  date.  Mr.  Moran  stated  that  the 
representatives  from  the  various  camps  of  The  Colo- 
rado Fuel  &  Iron  Company  had  met  that  morning  at 
the  Oxford  Hotel,  and  that  they  refused  to  meet  in 
the  Capitol  Building. 

After  some  discussion,  Mr.  Welborn  and  Mr.  Moran 
agreed  that  the  meeting  should  be  held  at  Mr.  Welborn's 
office  in  the  Boston  Building.  Members  of  the  Indus- 
trial Commission  were  invited  to  be  present  and  ac- 
cepted the  invitation.  A  reporter  in  the  employ  of  the 
Industrial  Commission  took  down  in  shorthand  the 
proceedings  at  the  preliminary  meeting  in  the  Capitol 
Building,  at  the  conference  at  Mr.  Welborn's  office,  and 
at  all  of  the  subsequent  hearings  and  investigations 
made  by  the  Commission  in  the  cities  of  Denver,  Trini- 
dad, Walsenburg,  Crested  Butte  and  Rcckvale.  The 
reporter's  shorthand  notes  were  all  transcribed,  com- 
pared and  verified  by  the  reporter,  and  the  transcript 
made  a  part  of  the  record. 

The  miners  were  represented  at  the  conference  by 
Mr.  Jas.  F.  Moran,  President  of  District  No.  15,  Mr. 
Warren  E.  Pippin,  Secretary  District  No.  15,  Mr.  John 
McLennan,  and  the  following  camp  representatives. 

Joe  Dalpin,  Toltec. 
Max  Morganstein,  Coal  Creek. 
Dan  Richards,  Canon  City. 
Wm.  Richards,  Rockvale. 
John  Petruin,  Williamsburg. 
Mike  Mansfield,  Pryor. 


Wm.  M.  Johnson,  Berwind. 
Dominich  Masero,  Starkville. 
James  Kilpatrick,  Morley. 
J.  B.  Dalfior,  Pryor. 
Mike  Anaya,  Walsenburg. 
Pete  Visich,  Walsenburg. 
Joe  Lucksich,  Primero. 
H.  M.  Smith,  Segundo. 
Joe  DeBella,  Sopris. 
H.  C.  Stewart,  Sopris. 
Cacidio  DeSantis,  Berwind. 
Joe  Arnott,  Crested  Butte. 
Joe  Loftis,  Ideal. 
George  Steglich,  Pryor. 

The  Colorado  Fuel  &  Iron  Company  was  repre- 
sented by  Mr.  J.  F.  Welborn,  President  of  The  Colorado 
Fuel  &  Iron  Company,  and  the  following  officials  and 
mine  superintendents : 

J.  B.  McKennan,  General  Manager. 
C.  J.  Hicks,  Assistant  to  President. 
David  Griffiths,  President's  Industrial  Represent- 
ative. 

E.  H.  Weitzel,  Manager,  Fuel  Department. 

B.  J.  Matteson,  Asst.  Manager,  Fuel  Department. 

Charles  Chambers,  Supt.,  Morley. 

John  Shaw,  Supt.,  Starkville. 

John  Deldosso,  Supt.,  Sopris. 

Joseph  Haske,  Supt.,  Primero. 

James  O'Neill,  Supt.,  Frederick. 

George  B.  Parker,  Supt.  Berwind  and  Tobasco. 

W.  G.  Deck,  Supt.,  Rouse  and  Lester. 

J.  P.  Thomas,  Div.  Supt.  Fuel  Dept.,  Trinidad. 

W.  J.  Tyson,  Supt.,  Ideal. 


Charles  Kaiser,  Supt.,  Cameron. 

W.  S.  Getchell,  Supt.,  Robinson,  Walsen  and  Pictou. 

Ben  Beach,  Supt.  Coal  Creek. 

H.  Johns,  Supt.,  Rockvale. 

W.  J.  Davis,  Supt.,  Fremont. 

William  Manley,  Supt.,  Crested  Butte  and  Floresta. 

James  McGowan. 

E.  S.  Cowdrick. 

F.  R.  Scoon. 

At  the  conference,  Mr.  Warren  E.  Pippin,  Secre- 
tary of  the  U.  M.  W.  of  A.,  submitted  a  list  of  nineteen 
demands  and  grievances,  the  first  of  which  was  a  de- 
mand for  the  recognition  of  the  Union.  This  Mr.  Wel- 
born,  representing  The  Colorado  Fuel  &  Iron  Company, 
positively  refused  to  consider.  The  conference  con- 
tinued late  in  the  evening  of  July  26th  and  all  day 
July  27th.  The  second  grievance,  a  question  of  push- 
ing cars,  and  the  third  grievance,  a  complaint  that 
cross  cuts  had  to  be  driven  without  compensation,  were 
discussed  at  some  length.  The  conference  started  on 
a  discussion  of  the  fourth  grievance,  a  complaint  that 
members  of  the  United  Mine  Workers  were  discrim- 
inated against.  None  of  the  other  grievances  were 
considered  or  discussed. 

Mr.  Moran  proposed  that  all  the  demands  and 
grievances  be  arbitrated,  by  the  appointment  of  an 
arbitration  committee  consisting  of  one  man  to  be 
named  by  Mr.  Weitzel,  representing  The  Colorado  Fuel 
&  Iron  Company,  one  representing  the  miners,  and  if 
they  could  not  agree,  the  two  select  a  third,  to  settle 
all  grievances  contained  in  the  list  presented,  and  any 
other  gi'ievance  that  might  arise.  Mr.  Moran  when 
asked  if  his  proposition  was  intended  to  include  the 


mmmmmmmmi^mmKmm 


demand  for  recognition  of  the  Union,  answered  "To 
pass  on  all  questions."  Mr.  Welborn  then  stated  that 
he  would  not  submit  that  question  to  anybody.  Mr. 
Moran  stated  that  the  miners  would  not  submit  any- 
thing to  the  Industrial  Commission. 

Mr.  Welborn  on  behalf  of  The  Colorado  Fuel  & 
Iron  Company  submitted  as  a  counter-proposition, 
three  methods  for  settling  all  grievances  except  the 
question  of  recognition  of  the  Union,  as  follows : 

"1st.  Place  the  grievances,  with  the  ex- 
ception noted  (the  question  of  recognition  of 
the  Union)  in  the  hands  of  the  State  Indus- 
trial Commission  with  power  to  settle. 

"2nd.  Place  in  the  hands  of  the  various 
Joint  Committees  on  Industrial  Co-operation 
and  Conciliation  in  the  four  districts  of  our 
coal  mining  operations,  and  one  member  of 
the  State  Industrial  Commission,  who  shall 
act  as  umpire  in  case  of  failure  on  the  part  of 
the  committee  or  committees  to  agree,  the 
grievances  relating  to  their  several  districts, 
with  the  exception  noted. 

"3rd.  Compose  a  committee  of  one  mem- 
ber of  the  State  Industrial  Commission,  one 
of  our  employes  from  each  of  the  four  districts 
in  attendance  at  this  meeting  to  be  selected  by 
the  employes  here  present;  making  four  em- 
ployes in  the  aggregate;  and  four  officials  of 
the  Company  to  be  chosen  by  myself.  The 
four  employes  and  the  four  officials  of  the 
Company  in  the  presence  of  the  State  Indus- 
trial Commission  shall  endeavor  to  adjust  the 


7 


grievances,  but  failing-  to  do  so  the  Commis- 
sioner is  to  act  as  umpire." 

The  conference  then  adjourned  sine  die  after  Mr. 
Moran  had  made  a  statement  that  he  would  give  Mr. 
Welborn  an  answer  in  the  morning. 

The  conference,  having  apparently  accomplished 
nothing,  and  the  notice  of  Mr.  Moran  having  named 
August  1st  as  the  date  upon  which  the  employes  would 
leave  their  work  unless  their  demands  and  grievances 
were  adjusted,  the  Commission  under  date  of  July  28th 
took  jurisdiction  in  the  matter  of  the  controversy  and 
gave  notice  of  a  hearing  and  investigation  beginning 
at  ten  o'clock  A.  M.,  Monday,  August  13,  1917,  at  the 
Capitol  Building  in  Denver,  Colorado.  The  meeting 
was  continued  on  August  14th,  and  then  adjourned 
from  day  to  day  and  hearings  held  at  the  following 
places  on  the  dates  named :  Denver,  August  20th ;  Trin- 
idad, August  28th  and  29th ;  Walsenburg,  August  30th 
and  31st;  Crested  Butte,  September  11th;  and  Rock- 
vale,  September  13th. 

In  the  course  of  its  investigation,  the  Commission 
and  its  representatives,  visited  every  mining  camp  of 
The  Colorado  Fuel  &  Iron  Company  in  Colorado;  and 
conducted  a  hearing  and  investigation  in  each  of  the 
four  districts,  Trinidad,  Walsenburg,  Canon  and  West- 
ern, due  notice  of  the  hearing  in  each  camp  having  been 
given  by  mailing  copy  of  the  notice  to  the  miner's 
representatives  from  the  camp,  who  attended  the  con- 
ference in  Denver  on  July  26  and  27th,  also  mailing 
notice  to  the  Superintendent  of  each  mine  and  having 
a  notice  posted  at  the  Company's  store  in  each  camp. 


8 


During  the  investigation  the  Commission  exam- 
ined the  following  witnesses,  under  oath : 


14 

David  Griffiths. 

28 

James  Dalrymple. 

31-58     Clarence  J.  Hicks. 

33 

E.  H.  Weitzel. 

53 

Burton  James  Matteson. 

68 

William  L.  Morrissey. 

69 

James  F.  Moran. 

84 

William  M.  Johnson. 

105 

Dominick  Masero. 

117 

Joe  Luksich. 

126 

H.  M.  Smith. 

133 

Joe  DeBella. 

153 

H.  C.  Stewart. 

163 

Casidio  DeSantis. 

168 

Alex  Rubin. 

181 

James  Kilpatrick. 

199 

Charles  Chambers. 

207 

Joseph  Haske. 

216 

George  B.  Parker. 

221 

John  Shaw. 

228 

James  O'Neill. 

236 

W.  E.  Danford. 

237 

Jack  Deldosso. 

247 

Jim  Glorissa. 

250 

Tom  Thomas. 

255 

Lou  Allen. 

257 

Reese  Roberts. 

259 

Charles  Allebach. 

269 

J.  B.  Dalfior. 

277 

Mike  Anaya. 

283 

Pete  Visich. 

a^riA— I ■iMtl<—W>«— —■M.^IM— a— KMIfc 


291  George  Steglich. 

298  William  George  Deck. 

305  Charles  A.  Kaiser. 

312  William  S.  Getchell. 

323  Martin  Maurer. 

325  Battista  Gallissinni. 

328  William  J.  Tyson. 

332  Tim  Valdez. 

334  Samuel  James  Warwick. 

336  W.  R.  Thompson. 

337.  A.  E.  Thompson. 

339  Ellis  L.  Williams. 

341  D.  A.  Garcia. 

343  Joseph  Monroe  Arnott. 

349  William  Manley. 

357  William  McShane. 

361  Elmer  George  Gladstone. 

366  Max  Morganstein. 

380  A.  D.  Richards. 

389  J.  W.  Lynch. 

400  Benjamin  Beach. 

412  William  Gilbert. 

428  William  K.  Jones. 

430  William  Jasper  Davis. 
Fred  H.  Bentley. 

Mr.  Welborn  appeared  before  the  Commission  and 
stated  that  whatever  in  the  course  of  the  investigation 
the  Commission  might  find  that  in  its  judgment  was 
wrong,  the  Company  would  right  or  correct,  according 
to  the  views  of  the  Commission. 

Mr.  Moran,  having  failed  to  appear  before  the 
Commission  when  summoned,  the  District  Court  of  the 
City  and  County  of  Denver,  upon  application  of  the 


SB 


10 


Commission,  issued  an  order  that  he  appear  and  testify. 
Mr.  Moran  then  appeared  and  testified : 

That  he  came  in  answer  to  summons  of  the  court ; 

That  the  list  of  grievances,  presented  at  the  meet- 
ing of  July  26th  and  27th,  were  read  at  the  meeting  of 
the  representatives  of  the  U.  M.  W.  of  A.  held  at  the 
Oxford  Hotel,  July  26th,  but  were  not  considered; 

That  he  had  authority  to  call  a  strike,  but  refused 
to  state  the  source  of  his  authority,  and,  when  asked 
if  his  authority  came  from  Mr.  John  P.  White,  National 
President  of  the  United  Mine  Workers,  refused  to 
answer ; 

That  no  referendum  vote  had  been  taken  on  the 
question  of  a  strike. 

Mr.  Reese  Roberts,  a  fire  boss  at  Primero,  testified 
that  at  a  Union  meeting  held  at  Primero  on  Sunday, 
August  26th,  1917,  Mr.  Moran,  in  a  speech,  stated  that 
"they  didn't  want  a  strike"  but  the  Company  would 
sign  up  sooner  or  later,  and  if  they  did  not,  "if  they 
think  the  last  strike  was  bad,  that  the  last  strike  will 
seem  like  a  peace  conference  alongside  of  this." 

The  nineteen  demands  and  grievances  submitted 
by  Mr.  Warren  E.  Pippen,  Secretary  of  District  No.  15, 
United  Mine  Workers  of  America,  at  the  conference 
with  the  Colorado  Fuel  &  Iron  Company,  July  26,  1917, 
signed  by  W.  M.  Johnson,  Charles  Allebach  and  Max 
Morganstein,  representing  the  miners,  have  been  taken 
up  and  investigated  in  the  order  in  which  they  were 
presented,  as  follows: 

(Demands  and  grievances  printed  in  Italics.) 

"1st:     Recognition  of  the  United  Mine 
Workers  of  America,   mid  a  joint   contract 


11 


entered  into  between  them  and  the  C.  F.  &  I. 
Company  being  a  primary  grievance,  as  well 
as  other  grievances  can  be  adjusted  therein  by 
both  sides  being  impartially  represented.  Un- 
der the  present  conditions  this  is  not  being 
done,  has  not  been  done  and  cannot  be  done 
satisfactorily,  as  is  demonstrated  by  the  mul- 
titude of  grievances  which  follows,  as  well  as 
many  others  overlooked  or  not  mentioned." 

The  question  of  recognition  of  the  Union,  is  one 
with  which  the  Industrial  Commission  has  nothing  to 
do,  the  scope  of  its  authority  being  limited  to  questions 
of  wages,  hours  and  working  conditions. 

The  Commission,  from  its  investigations,  can  only 
infer  that  there  was  no  demand  on  the  part  of  any 
considerable  number  of  employes  of  the  Company  for 
the  presentation  of  the  grievances,  and  that,  the  de- 
mand for  recognition  of  the  Union,  supported  by  other 
complaints,  was  a  matter  of  petty  internal  politics,  pro- 
moted for  the  purpose  of  advancing  the  interests  of 
that  faction  of  the  United  Mine  Workers  of  America, 
represented  by  the  President  and  Secretary  of  District 
No.  15,  who  were  appointed  by  the  National  Organiza- 
tion, and  came  to  Colorado  from  Iowa  and  Kansas,  res- 
pectively. The  Commission  believes  that  there  is  no 
excuse  for  making  a  demand  for  recognition  during 
times  like  the  present,  when  the  country  is  at  war  and 
needs  the  undivided  support  of  aU  its  people,  and  that 
had  these  questions  been  left  for  settlement  to  our 
own  citizens,  no  such  demand  would  have  been  made  at 
this  time. 


WBisimmmfsm 


12 


''2nd :  Pushing  of  cars  at  Lester,  Rouse, 
Coal  Creek,  Cameron,  Walsen,  Rockvale  and 
generally  in  the  C.  F.  &  I.  mines." 

Track  conditions  differ  at  the  various  mines.  Min- 
ers are  paid  by  the  ton.  By  custom,  pushing  of  cars  is 
included  in  the  tonnage  rate,  but  where,  by  reason  of 
grade,  the  work  is  too  hard  for  the  men,  the  Company 
causes  the  cars  to  be  hauled  one  way  and  in  some 
instances  both  ways.  At  times,  in  some  of  the  mines, 
pressure  forces  the  floor  of  the  room  up,  so  as  to  make 
the  track  irregular,  in  which  event,  the  Company  pays 
the  miner  for  putting  it  in  shape  or  sends  in  a  Company 
man  to  do  the  work.  The  miner  is  required  to  keep 
the  track  clean  in  the  room  in  which  he  is  loading  coal. 

The  evidence  produced  before  the  Commission, 
showed  that  a  number  of  complaints  had  been  made, 
that  they  w^ere  investigated  promptly  and  when  they 
were  justified,  mules  or  other  means  of  transportation 
furnished. 

"3rd :  Driving  of  cross-cuts  ivithout  yay- 
7)ient  of  yardage  through  pillars  from  20  to  35 
feet  thick." 

Testimony  shows  that  the  Company  does  pay  for 
yardage,  in  addition  to  tonnage,  for  driving  cross-cuts, 
although  by  reason  of  different  conditions  the  rate  is 
not  the  same  in  all  camps. 

"Jfth:  Discrimination  against  members 
of  the  United  Mine  Workers  of  America  and 
others  who  have  the  temerity  to  ask  for 
justice." 


\ 


13 


The  investigation,  by  the  Commission,  showed  no 
discrimination  against  any  employe  by  reason  of  his 
affiliation  with  the  United  Mine  Workers  of  America 
or  any  Union  or  other  lawful  organization;  on  the 
contrary,  the  evidence  showed  that  the  Company 
encourages  its  men  to  bring  their  complaints  to  the  Pit 
Boss,  Superintendent,  Industrial  Representative  or  offi- 
cers of  the  Company. 

The  Company  employs  many  members  of  the 
Union,  and  when  employing  men  does  not  inquire  as  to 
their  membership  in  labor  organizations. 

Section  3925  and  3926,  Revised  Statutes  of  Colo- 
rado, 1908,  provides  that :  It  shall  be  unlawful  for  any 
employer  to  prevent  any  employe  joining  any  lawful 
union  or  other  organization  or  to  coerce  any  employe 
by  discharging  or  threatening  to  discharge  him  on  ac- 
count of  his  membership  in  any  such  organization,  and 
provides  as  a  penalty  for  the  violation  of  the  act,  a  fine 
from  $100.00  to  $500.00  or  six  months  to  one  year  im- 
prisonment or  both. 

Mr.  W.  L.  Morrisey,  Deputy  State  Labor  Commis- 
sioner, testified  that  his  Department  had  not  received 
a  report  from  any  employe  of  The  Colorado  Fuel  &  Iron 
Company  or  from  any  representative  of  the  employes 
of  that  Company,  of  any  discrimination  against  mem- 
bers of  the  Union  or  other  organization.  Mr.  Morrisey 
investigated  the  records  of  his  office  for  the  past  three 
years  and  reported  to  the  Commission  that  he  failed  to 
find  any  such  complaint  of  discrimination. 

The  Union  is  permitted  to  hold  meetings  on  the 
Company  property. 


■naHM 


14 

"5th:  Removal  of  gun  men  from  all 
camps  who  are  kept  there  to  intimidate  the 
miners  and  prevent  them  from  getting  or  ask- 
ing for  fair  play  or  justice,  in  any  manner." 

No  "gun  men"  employed.  The  Company  does  em- 
ploy a  night  watchman  in  most  of  the  camps,  some  of 
these  watchmen  are  armed  and  some  are  not.  At 
Berwind  and  Tabasco,  adjoining  camps,  the  Company 
has  six  men  employed  as  watchmen.  The  extra  men 
were  put  on  at  the  request  of  the  Italian  miners,  after 
the  houses  of  two  Italians  had  been  dynamited. 

The  Company  stores  cash  all  miners  checks,  and  on 
pay  day  one  or  two  armed  men  are  employed  to  ac- 
company the  money  from  the  express  oiSce  to  the        ' 
Company  stores. 

Only  one  complaint  was  produced  to  show  that  the 
watchmen  had  in  any  way  interfered  with  a  Company 
employe  or  other  person  engaged  in  any  lawful  pursuit. 
This  complaint  was  by  one  of  the  men,  who  signed  the 
list  of  grievances,  and  was  to  the  effect  that  he  had 
caught  the  watchman  eavesdropping  at  his  house.  He 
complained  to  the  representative  of  the  employes  and 
was  told  if  charges  were  brought  and  substantiated  the 
offending  party  would  be  removed  in  two  days.  No 
charge  was  brought. 

"6th:  The  abolition  of  the  system  of  co- 
ercion of  mine  workers  from  presenting  their 
grievances,  threats,  intimidation  and  more 
vicious  methods  are  being  employed." 

No  evidence  whatever  in  support  of  this  complaint. 


15 


The  evidence  presented  and  the  investigation  of  the 
Commission,  show  that  the  Company  offers  every  op- 
portunity and  encouragement  to  its  employes  to  pre- 
sent their  grievances. 

An  "Industrial  Representation  Plan"  was  adopted 
by  the  Company  and  its  employes  in  October,  1915. 

The  plan  provides  for  the  election  of  at  least  two 
Representatives  from  each  camp,  who  represent  the 
employes  in  all  matters  of  employment  and  living  and 
working  conditions.  Investigation  leads  the  Commis- 
sion to  believe  the  plan  has  been  successful  in  dealing 
with  the  difficulties  that  constantly  arise  between  an 
employer  and  his  employes,  and  that  the  emploj^es  of 
The  Colorado  Fuel  and  Iron  Company  are  generally 
satisfied  with  its  workings. 

Testimony  shows  that  complaints  are  investigated 
promptly,  given  careful  consideration  and  adjusted,  in 
most  instances  to  the  satisfaction  of  the  employe. 

The  Company  employs  as  Industrial  Representa- 
tive of  the  President,  Mr.  David  Griffiths,  whose  duty 
it  is  to  investigate  conditions  in  and  about  all  the  Com- 
pany's properties  and  make  reports  and  recommenda- 
tions direct  to  the  President.  He  has  authority  to 
settle  complaints  and  grievances  and  adjust  any  dis- 
putes between  the  Company  and  its  employes.  At  one 
of  the  hearings  before  the  Commission,  a  suggestion 
was  made  that  the  employes  elect  a  representative,  to 
be  paid  by  themselves  and  to  act  for  the  employes  in 
the  capacity  that  Mr.  Griffiths  acts  for  the  Company. 
The  Commission  believes  that  this  suggestion  is  worthy 
of  careful  consideration. 

"7th :    A  breach  of  faith  on  the  part  of 


aee^aeBaaBaaasBSgaBasg'ifif isaa^gssasaaw^BwaaaBagaggg|jjjiy^jj__gggBg:p!ja^^ 


16 


the  Coal  Company  in  changing  the  basic  ton- 
nage rate  from  90c  to  80c  in  Fremont  County 
on  the  promise  of  again  restoring  that  rate 
with  additional  justified  advances  were  never 
complied  with." 

All  the  Company  mines  in  the  Canon  (Fremont 
County)  district  were  closed  during  a  strike  in  1914. 
After  the  strike  ended  a  committee  of  miners  petitioned 
the  officers  of  The  Colorado  Fuel  &  Iron  Company  to 
open  the  mines  in  the  Fremont  County  District.  It 
was  claimed  on  account  of  loss  of  contracts,  the  Com- 
pany could  not  operate  at  the  old  rate  of  ninety  cents 
and  it  was  agreed  to  start  work  at  eighty  cents  per  ton. 

The  Manager  of  the  Fuel  Department,  with  whom 
the  arrangement  was  made,  testified  there  was  no  agree- 
ment to  reinstate  the  90c  rate.  The  miners  claim  their 
representatives  reported  to  their  meeting  that  the  Com- 
pany would  reinstate  the  90c  rate  wl;en  conditions 
again  became  normal.  Company  claims  reinstating 
old  rate  would  permit  Fremont  County  miners  to  earn 
more  than  the  miners  in  other  counties  of  the  state. 

"8th :  Refusing  to  check  off  one  per  cent 
of  the  mine  workers  wages  at  their  request, 
same  to  be  paid  to  the  Red  Cross  during  the 
war  through  the  secretary  chosen  by  the 
miners." 

This  matter  was  brought  up  in  one  camp  only, 
Sopris.  The  President  and  Secretary  of  the  local  Union 
U.  M.  W.  of  A.  presented  a  request  that  1%  be  deducted 
from  the  wages  of  the  miners  each  month  and  turned 
over  to  the  Secretary. 


17 


The  Company  refuses  to  make  any  deductions  from 
pay  of  any  employe  except  upon  his  written  request, 
and  as  the  request  for  a  deduction  of  1%  was  only 
signed  by  "the  President  and  Secretary  and  a  few  men" 
it  was  refused. 

The  Company  recommended  that  every  employe 
of  The  Colorado  Fuel  &  Iron  Company  contribute  one 
day's  pay  to  the  Red  Cross  to  be  collected  by  the  wives 
and  daughters  of  the  miners.  This  recommendation 
was  generally  complied  with. 

"9th :    Refusing  to  pay  for  cross-bars  and 
extra  timbering  as  done  bij  other  companies." 

The  law  requires  a  miner  to  set  timbers  at  the 
face. 

Setting  timbers  at  the  face  of  a  miner's  working 
place  is,  by  custom,  included  in  the  tonnage  rate.  The 
Company  pays  extra  for  setting  cross  bars  in  some  of 
its  mines.    This  is  governed  by  local  conditions. 

This  complaint  seems  to  come  principally  from 
Starkville,  but  testimony  shows  that  any  disadvantage 
is  offset  by  other  favorable  conditions  of  mining  and 
that  the  complaint  is  not  well  founded.  The  Company 
pays  for  repairs  on  timbering  when  done  by  miners. 

"10th:     The   establishment   of   the   age 
limit  on  employes" 

The  Colorado  Fuel  &  Iron  Company  has  established 
a  pension  system  for  all  its  employes  and  has  placed  an 
age  limit  of  45  years  on  new  employes.  At  the  age  of 
65,  men  with  a  service  record  of  20  years  are  retired 
on  a  pension  of  not  less  than  $20.00  per  month. 


18 

Men  can  get  leave  of  absence  for  one  to  ninety  days 
or  more  without  losing  rights. 

As  it  is  the  Company's  right  to  employ  whom  it 
pleases  this  question  is  not  considered  a  reasonable 
cause  for  complaint. 

"11th:  Pit  bosses  having  miners'  coal 
loaded  during  the  miners'  absence  without 
any  compensation  therefor." 

Only  one  instance  brought  out  by  the  testimony. 
A  car  of  coal  was  derailed  at  the  Walsen  Mine  in  March, 
1916.  Some  one  loaded  the  coal  and  put  on  a  check 
other  than  that  of  the  miner.  A  witness  furnished 
the  man's  name  and  he  was  found  to  be  working  at  the 
Robinson  Mine.  The  man  was  called  out  of  the  mine 
August  31,  1917,  and  his  case  investigated  in  the 
presence  of  the  Commission.  His  claim  was  found  cor- 
rect and  he  was  given  credit  for  one  car  of  coal  and 
was  also  credited  with  one-half  day's  pay  for  time  lost 
in  coming  out  of  the  mine. 

Other  instances  were  presented  where  complaints 
had  been  made,  which  had  been  promptly  adjusted. 

"12th:  Entrymen  are  compelled  to  lay 
their  own  iron  track  and  afterward  tear  that 
up  and  lay  permanent  road  without  any  corrir- 
pensation  for  so  doing." 

Testimony  shows  it  is  the  custom  in  coal  mines  for 
miners  to  lay  track  as  their  working  places  advance. 
The  Company  furnishes  material  at  a  convenient  place. 
The  miner  usually  has  two  short  rails  (8  ft  long)  which 


19 

are  laid  on  the  side  at  the  end  of  the  track  when  he  has 
advanced  a  distance  of  eight  feet  or  more,  and,  when 
he  has  made  a  sufficient  farther  advance,  he  takes  up 
the  eight  foot  temporary  rail  and  lays  and  spikes  down 
a  standard  rail.  This  work  is  included  in  the  tonnage 
rate  of  pay  and  no  claim  has  been  made  to  the  contrary. 
Company  men  lay  curves  and  switches.  There  is  no 
foundation  for  this  complaint. 

"13th:  No  scale  is  made  for  hi-ushing 
bottom  and  top  or  either  of  them  in  addition 
to  the  tonnage  rate,  which  should  be  done." 

Testimony  shows  that  the  Company  pays  for 
brushing;  the  work  being  measured  and  settlement 
made  once  a  month.  The  scale  is  not  the  same  in  all 
mines,  as  conditions  differ,  and  in  some  mines  the  work 
is  done  by  Company  men.  Claims  apparently  adjusted 
promptly — No  excuse  for  complaint. 

"14th:  The  mining  laivs  are  not  com- 
plied tvith  for  the  safety  of  the  employes,  such 
as  timber  being  placed  at  a  safe  distance  from 
the  track  and  other  dangerous  practices 
shoidd  be  discontinued." 

The  Colorado  Coal  Mine  Inspection  Laws  are 
among  the  best  in  the  country,  and  the  Inspection  De- 
partment is  active  and  efficient. 

James  Dalrymple,  State  Coal  Mine  Inspector,  tes- 
tified that  all  The  Colorado  Fuel  &  Iron  Company  prop- 
erties are  inspected  every  ninety  days,  and  some  of  the 
properties  every  sixty  days.  That  his  department  has 
received  no  complaints  of  failure  to  comply  with  the 


20 


safety  and  other  laws  governing  coal  mines,  and  "the 
fact  that  we  have  had  less  trouble,  and  have  had  our 
recommendations  carried  out  promptly,  would  leave  the 
inference  that  their  mines  are  in  better  condition  than 
other  mines." 

Testimony  shows  that  timbers  are  sometimes 
squeezed  out  of  place  and  have  to  be  reset.  Nothing  in 
the  evidence  to  show  that  the  state  laws  or  safety  rules 
are  violated,  or  that  the  Company  does  not  give  prompt 
attention  to  any  report  of  unsatisfactory  conditions. 

"15th :  Choice  of  doctors  should  be  abso- 
lutely at  the  discretion  of  the  men  icithout  any 
interferein.ce  from  anyone  or  any  source, 
which  is  not  yioic  the  case." 

Physicians  in  the  Coal  Company  Camps  are  select- 
ed by  the  Company,  which  maintains  a  system  of 
emergency  hospitals  with  a  general  hospital  at  Pueblo. 

The  plan  of  selection  was  approved  by  the  em- 
ployes by  the  adoption  of  the  Company's  "Industrial 
Plan."  Medical  and  hospital  service  are  furnished  at 
one  dollar  per  month  for  each  employe  and  his  family. 

The  testimony  did  not  present  a  serious  complaint. 
The  whole  subject  is  covered  by  the  statement  of  one  of 
the  signers  of  the  nineteen  grievances  who  testified, 
"one  doctor  cannot  suit  everj'body,"  and  by  another 
witness  who  stated,  "some  like  him  and  some  don't, 
would  be  the  same  with  any  other  doctor." 

Any  other  system  would  present  all  the  disadvan- 
tages and  lack  m.any  of  the  advantages  of  that  now  in 
use.  No  complaint  has  been  made  that  the  medical 
plan  of  the  Company  does  not  fully  comply  with  all  of 


21 

the  requirements  of  the  Workmen's  Compensation  Act. 

"16th:  Eight  hours  shall  constitute  a 
day's  ivoi'k  and  the  practice  noiv  in  vogue  of 
working  over  that  time,  at  the  discretion  of 
the  Coal  Company,  especially  when  there  is  no 
real  cause  for  it,  should  he  discontinued." 

Coal  miners  are  paid  for  the  tons  of  coal  they  mine 
and  not  by  the  hours  of  labor.  Some  Company  men 
such  as  "Rope  Riders"  and  "Top  Men"  work  nine  hours. 
They  are  employed  and  paid  for  nine  hours.  It  is  the 
custom  throughout  Colorado,  and  so  far  as  this  Com- 
mission is  informed,  the  custom  in  all  coal  mining 
districts. 

Complaint  was  made  that  drivers  are  in  some  in- 
stances required  to  take  their  mules  in  and  out  and 
work  eight  hours  at  their  place  of  employment.  The 
question  of  working  "Bank  to  Bank"  is  an  old  demand 
of  the  U.  M.  W.  of  A.  and  so  far  as  this  Commission  is 
advised,  is  not  the  custom  in  any  coal  mining  district, 
and  does  not  constitute  a  grievance  against  the  Colo- 
rado Fuel  &  Iron  Company. 

"17th:  A  cut  of  5c  per  ton  at  Fremont 
Mine  was  put  in  effect  on  July  16th  without 
justification.'' 

This  grievance  was  not  supported  by  any  testi- 
mony. The  witnesses  from  Fremont  County  knew  of 
no  complaint.  The  Company  has  a  scale  at  the  Fremont 
Mine  which  varies  according  to  the  thickness  of  the 
vein.  The  Superintendent  of  the  Fremont  Mine  testi- 
fied that  the  vein  is  measured  twice  a  month  and  the 
coal  paid  for  at  the  established  rate. 


22 


"18th:  Discrimination  against  some  of 
the  employes  m  the  matter  of  renting  dtvelling 
houses  by  the  C.  F.  &  I.  Coal  Company  are 
common  occurrences" 

Testimony  shows  that  houses  are  rented  to  em- 
ployes in  the  order  of  their  application.  No  witness 
testified  that  he  had  been  discriminated  against  in  the 
allotment  of  houses  or  that  he  knew  of  any  person 
who  had. 

Company  representatives  admitted  that  in  a  few 
instances  (half  a  dozen  times  in  three  years)  they  had 
given  preference  to  a  fire  boss,  blacksmith,  electrician 
or  other  employe  whose  employment  was  such  as  to 
require  him  to  be  available  at  all  hours.  The  Company 
is  building  a  considerable  number  of  new  houses  in 
various  camps  to  meet  the  demand. 

"19th:  Scales  for  weighing  coal  are 
often  out  of  order  a7id  placed  in  improper 
places  where  it  is  impossible  for  them  to 
weigh  coal  correctly" 

No  testimony  to  support  this  grievance.  Company 
employs  a  Superintendent  of  Scales  who  investigates 
all  complaints.  2000  lbs  of  government  test  weights 
are  kept  at  each  mine  for  use  of  weigh-master  and 
check  weighman.  Scales  are  inspected  every  two  or 
three  months,  and  immediately  on  complaint . 

One  complaint  that  scale  at  one  mine  worked  a 
little  stiff.  Witness  said  it  was  adjusted  the  day  notice 
was  given  and  worked  all  right  after  that.  "Check 
scales  sometimes  once  or  twice  a  day.    Tested   last 


23 


v/eek,  1000  pounds  weights  only  showed  900  pounds. 
Adjusted  scales  to  show  right  amount,  1000  pounds, 
before  cars  went  over  the  scales."  This  complaint  was 
investigated  by  the  Superintendent  of  Scales,  who  re- 
ported to  the  Commission  that  some  one  had  put  linseed 
oil  into  the  dash  box  of  the  automatic  weighing  device, 
causing  it  to  work  "stiff." 


THE  COMMISSION  FINDS : 

That  (with  the  exception  of  demand  for  recogni- 
tion of  the  Union)  the  grievances  presented  to  The 
Colorado  Fuel  &  Iron  Company  by  the  United  Mine 
Workers  of  America,  representing  employes  of  said 
Company,  were  nearly  all  of  a  trivial,  unimportant 
character  not  entitled  to  be  classed  as  grievances,  and 
which  could  have  been  promptly,  easily  and  fairly  ad- 
justed between  the  employes  and  their  employer, 
through  the  channels  provided  by  the  Company's  In- 
dustrial Plan. 

That  the  2nd,  3rd,  4th,  5th,  6th,  8th,  9th,  10th, 
12th,  13th,  14th,  15th,  16th,  17th,  18th  and  19th  griev- 
ances or  complaints  are  not  supported  by  the  testimony 
presented  at  the  hearings  and  investigations  of  this 
Commission. 

That  the  11th  grievance  was  settled  promptly  and 
satisfactorily  upon  presentation,  and  would  undoubt- 
edly have  been  adjusted  at  the  time,  had  complaint  been 
made. 

That  as  to  the  7th  grievance,  there  has  been  no 
breach  of  faith  on  the  part  of  the  Company  in  not  re- 
storing the  10  cents  per  ton,  no  evidence  having  been 


24 


produced  to  show  that  any  promise  was  made  to  that 
effect. 

That  prior  to  May  1st,  1917,  the  average  daily 
earnings  of  the  miners  in  The  Colorado  Fuel  &  Iron 
Company  mines  in  the  Canon  (Fremont  County)  Dis- 
trict were  equal  to,  or  slightly  in  excess  of,  the  average 
daily  earnings  of  the  miners  in  the  employ  of  the  Com- 
pany in  its  mines  in  the  Trinidad  and  Walsenburg 
Districts. 

That  on  May  1st,  1917,  an  increase  of  10  cents 
per  ton  was  granted  to  all  coal  miners.  This  ten  cents 
per  ton  did  not  amount  to  so  large  a  percentage  of 
increase  in  the  Canon  District,  as  in  the  Trinidad  and 
Walsenburg  Districts,  and  in  order  to  equalize  the  daily 
earnings  of  the  miners  in  the  employ  of  the  Company 
in  the  districts  named,  a  further  increase  of  six  cents 
per  ton  should  be  granted. 

IT  IS  THE  AWARD  OF  THIS  COMMISSION: 

That  the  scale  for  hand  mining  in  the  mines  of 
The  Colorado  Fuel  and  Iron  Company  in  the  Canon 
District,  namely:  the  Fremont,  Rockvale  and  Coal 
Creek  mines,  be  increased  six  cents  per  ton  to  equalize 
the  earnings  in  the  Canon  and  the  Trinidad  and  Wal- 
senburg Districts. 

That  this  award  be  effective  from  and  after  this 
date. 

IN  WITNESS  WHEREOF,  The  Industrial  Com- 
mission of  Colorado  has  caused  its  name  to  be  sub- 
scribed hereto  by  its  Chairman  and    its    seal    to    be 


25 


attached  hereto  and  attested  by  its  Secretary  and  the 
signatures  of  the  said  Commissioners,  this  20th  day 
of  October,  A.  D.  1917. 

THE  INDUSTRIAL  COMMISSION 
OF  COLLORADO, 

Hiram  E.  Hilts, 

Chairman. 

Geo.  W.  Densmore, 

Commissioner. 

Attest : 

Walter  E.  Schwed, 
Secretary. 


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